Brownstown Nativity

LOUISVILLE, Ky. (WDRB) — A U.S. District Court judge has banned Jackson County, Indiana, from displaying a popular nativity scene on its courthouse lawn. 

Judge Tanya Walton Pratt of the court's New Albany, Indiana, division ruled that the county violated citizens' rights by "displaying a religious symbol on government property in violation of the First Amendment," according to court documents. 

After another federal judge denied the county's request to dismiss the lawsuit, the nativity scene appeared on the Brownstown, Indiana, courthouse lawn in December 2019 with non-religious elements, including candy canes, a light-up Santa Claus and carolers. In the most-recent ruling on the display, however, Pratt found those changes did not suffice. 

"A sufficient balancing between secular and non-secular elements could bring the display into harmony with the First Amendment," the court wrote in a entry on cross motions for summary judgement. "However, at present, it does not."

The legal battle over the nativity scene began in 2018, when a county resident complained to the Wisconsin-based group known as Freedom From Religion Foundation that the nativity scene's placement on the courthouse lawn violated the First Amendment. A rally was held on the courthouse lawn in defense of the nativity scene about a week after the complaint was issued. 

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